IN RE McGEE

Docket No. L.A. 21755.

37 Cal.2d 6 (1951)

229 P.2d 780

In re PATRICK D. McGEE, Contesting Nomination to an Office. ELDON JAMES MARKWORT, Appellant, v. PATRICK D. McGEE, Respondent.

Supreme Court of California. In Bank.

April 17, 1951.


Attorney(s) appearing for the Case

Rollin L. McNitt and Edythe Jacobs for Appellant.

Spencer E. Van Dyke and Frank P. Doherty for Respondent.


CARTER, J.

This is a petition by respondent McGee to recall the remittitur previously issued in this cause for the purpose of awarding costs on appeal to respondent, or, in the alternative, to secure an order that the parties bear their own costs on appeal.

Appellant Markwort instituted a proceeding contesting respondent's election to the State Assembly. Respondent moved to dismiss the proceeding on the ground of lack of jurisdiction. The motion was denied...

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